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The Double Standard of Israel’s High Court of Justice


1Earlier this week, YWN-ISRAEL reported agreement was reached regarding Beit Knesset Ayelet HaShachar in Givat Ze’ev will be demolished and expeditiously rebuilt elsewhere in the community. The government is paying NIS 5.2 million towards rebuilding it.

The shul is at the heart of the land dispute as left-wing Jewish organizations financed legal and court fees for heirs of an Arab who claims the shul, which was built 15 years ago, stands on his privately owned land. While this is yet to be established beyond a shadow of a doubt, Israel’s High Court of Justice is compelling the demolition of the shul, having rejected all efforts at reaching a compromise which includes paying the alleged Arab land owner far more than the property is worth.

The Supreme Court, which is not known for its halachic-based rulings, is under fire once again. The Shomron Residents Committee points out that a mosque was constructed illegally in an area ‘C’ near the entrance to Yishuv Yitzhar. A demolition order was issued against the mosque in 2014, by the very same High Court of Justice since area ‘C’ under the Oslo Accords is land under exclusive Israeli civil and security control. Hence the PA (Palestinian Authority)-built mosque is illegal, on Israeli land. However, the mosque has not been sealed, closed or demolished, but it continues to serve as an active house for Muslim worshipers.

The same cannot be said regarding Beit Knesset Ayelet HaShachar, which is being demolished despite the objections of mispallalim and leading rabbonim across Eretz Yisrael.

(YWN – Israel Desk, Jerusalem / Photos: Shomron Residents Committee)



3 Responses

  1. The Supreme Court is very consistent in support the public policy adopted by the Kenesset, which regards the settlers as a nuisance to be kept in line, whereas the Muslims are a minority to be accomodated and hopefully co-opted.

    In focusing on public policy (albeit one most of us disagree with) and a policy of focusing on the needs of the community (as defined by the zionist elites – which largely excludes anyone reading YWN), the Israeli courts are actually acting much more like a Beis Din (which always focused on encouraging the good of the community) rather than an Anglo-American court (which tries to be neutral and to apply law without regard for its consequences since they rely on the legislature to pass statutes to address the “bad results”).

  2. What utter drivel. The article reports that the court ordered the mosque to be demolished as well, which shows that the court holds ONE standard for all – in complete contradiction to the rabble-rousing headline. As for the demolition, the court does not conduct demolitions – the administrative branch does.

  3. The answer is simple: in Ayelet Hashaachar they’re davening to the Ribono Shel Olam – that the high court can’t allow however at the moque, they’re praying to the garbage, bunk Quraan – the supreme Court certainly has no problem with that!

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